Persons not entitled to a social fund winter fuel payment3.

(1)

Regulation 2 shall not apply in respect of a person who—

(a)

is F1throughout the qualifying week —

F2(i)

a partner of, and living with, a person who attained the qualifying age for state pension credit in or before the qualifying week and to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week;

(ii)

receiving free in-patient treatment and has been receiving free in-patient treatment for more than 52 weeks; or

(iii)

detained in custody under a sentence imposed by a court; or

(b)

subject to paragraph (2), has not made a claim for a winter fuel payment F3on or before the 31st March following the qualifying week in respect of the winter following that week.

(2)

Paragraph (1)(b) shall not apply where—

(a)

a payment has been made by virtue of regulation 4(1) F4on or before the 31st March following the qualifying week in respect of the winter following that week; or

(b)

regulation 4(2) applies.